사기
The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.
Defendant shall be punished by imprisonment with prison labor for not less than ten months.
1. The decision of the court below on the defendant's summary of the grounds for appeal (the first decision of the court below: the imprisonment of May and the second decision of the court below: the imprisonment of six months) is too unreasonable.
2. In accordance with the decision of consolidated proceedings of the Supreme Court, the defendant filed an appeal against the defendant among the judgment of the court of first instance and the judgment of the court of second instance, and then filed an application for joint proceedings of territorial jurisdiction, and this court tried by combining each of the above appeals cases. The crimes of the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes in the judgment of the court of second instance are concurrent crimes under the former part of Article 38(1) of the Criminal Act, and should be punished only within the scope of the term of punishment aggravated for concurrent crimes
3. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance concerning the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part concerning the defendant among the judgment of the court of first instance and the judgment of the court of second instance are all reversed, and the following is again decided
【The reasoning of the judgment of the court of first instance and the judgment of the court of second instance, which used again against the defendant] The criminal facts and the summary of evidence against the defendant recognized by the court of second instance are as follows: the criminal facts of the judgment of the court of first instance as "Fraud, etc."; the criminal facts of the judgment of the court of second instance as "Fraud, etc."; the criminal facts of the judgment of the court of second instance as "Fraud, etc."; and the criminal facts of the judgment of the court of second instance as of September 23, 2013 as of September 13, 2014, which were sentenced to imprisonment with prison labor for a term of three years for fraud, etc. in the same court of the same on September 23, 2013, which became final and conclusive on February 13, 2014.”